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In a judgment issued today, the EU Court of Justice has set aside the judgment of the EU General Court of 12 June 2014, which affirmed the EU Commission’s decision of 13 May 2009 imposing a fine of €1.06 billion on Intel for allegedly granting rebates and payments to customers conditional on exclusivity.

Upholding Intel’s and ACT’s first ground of appeal, the Court of Justice found that the General Court had failed to properly examine Intel’s arguments that the rebates at issue were not capable of restricting as-efficient competitors. As a result, the Court of Justice set aside the judgment and referred the case back to the General Court.

Van Bael & Bellis represented the Association for Competitive Technology (ACT), a trade association representing more than 5,000 IT firms worldwide, in support of Intel’s challenge to the Commission’s 2009 decision.

ACT was represented in this matter by Van Bael & Bellis partners Jean-François Bellis and Tim Kasten. Further details on the case can be found on the EU Court of Justice’s website.

The August 2018 issue of our newsletter, VBB on Competition Law, which covers major developments in competition law at both the European Union and Member State levels. Click below to view and download the issue.